claims OVER £5000

~valentine~

Hi - this is a similar situation we found ourselves in. Please take a look at my post which provided helpful answers.

http://forums.moneysavingexpert.com/showthread.html?t=362914

Edinburghlass_2

kelloggs36 wrote:

Anyway, she wrote to them requesting a refund of the charges and quoted case law and told them that she would be taking them to Court. She got in return the standard letter refusing her claim.

Her problem, is that as the amount is over 9k, it is too big to go via small claims court. How does she go about taking this further? She also has no money at the moment (on Income Support) and so can't afford to pay the fees involved. What can she do - Nationwide are sitting on 9k of her money potentially, and she can't do anything about it!!!

Would be extremely grateful for some advice.

See the previous posts about claiming more than £5,000. Also as she is on benefits she can claim expemption by going down to her local court with proof of her benefits and pick up the forms needed for her claim. Link below to a thread where it tells you about the court charges and exemptions.

Also the court should help her with what she should do. Tell her to get several sets of forms as she will need them at a later stage.

http://forums.moneysavingexpert.com/showthread.html?t=304064

kelloggs36

Oh thanks for that! I shall ring her now and tell her - she will be so pleased!!!

chrisatchimes

It would appear that Lloyds have now a dedicated Customer Services Recovery Team at Andover. Today I received a standard letter explaining all of the services provided and that it was very good value

I have now sent off my second letter threatening court action if they do not respond within 7 days. My claim is for £7500. As this is larger than the £5000 limit of the small claims court what is the best course of action, do I just submit the claim anyway through the same court procedure.

Chris

Edinburghlass_2

I wouldn't go rushing to MoneyClaim too quick, give them a bit of leeway, maybe phone them if you don't hear after the 7 days and see if they come back with a reasonable offer. I'll put your thread into one which discusses claims over £5,000 and what to do.

cdun78

QUOTE 'Small claims in England and Wales are cases under £5,000, that’s before any statutory interest is added; those asking for more than that may want to consider lowering the asking amount (even if your earlier letters demanded more) to minimise the risk. '

I just wanted to confirm this as on the tonight show yesterday Martin said you should enter a small claim of under £5000. We have looked at a few sites and there is no mention of before statutory interest, just 'under £5000'

We ahave already submitted a claim of £4200 in charges with over £900 in interest which takes us over the threshold, albeit by a small amount. Have we made a mistake by not lowering the amount to £4999?

We do not want the possiblity of having to repay the banks legal costs so am hoping someone can help us out on this.

Thanks,

Edinburghlass_2

Rex_Mundi wrote:

If you are in any doubts. Use post #6 in THIS THREAD to find your local county court. Give them a ring, and ask their advice. They are very helpful (I've always found). Small claims track is for claims under £5000 before interest is added. Your claim should qualify for this, but ring your court to confirm this.

There is your answer as your claim is below £5,000.

Cannydaz

Hi this is my first time so please forgive any mistakes. I have just asked my bank for a list of my bankcharges for the last six years, I've done a rough estimate of my charges and they are well over the £5000 threshold for the small claims court. Does anybody know if you can make a claim for 2001 to 2004 say to keep it under the £5000 threshold then make another claim for 2004 to present? Or would I be best claiming for the last 4 years not 6 to keep it under the limit?
Also can anybody advise me, my bank sends only one letter per calender month but takes a max of three charges for that month. Is this nomal or is my bank taking the ****?

Edinburghlass_2

Yes you can do that, hang on and I'll pop this into the existing thread about claiming over £5,000.

feedering

Claims over £5k are fine there is no need to reduce the cliam to keep it under £5k. The banks will not defend the claim in court so the chances of being awarded costs against you are very slim to say the least, not to mention that the bank would lose if it did turn up in court as their charges are unlawful.
Also more importantly if you split the claim and submitted 2 instead you could lose as the judge could see this as an abuse of the court process.